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Friday, March 16, 2012

Prosecutors & Lord President refuse to identify colleagues convicted of criminal offences.AN ongoing investigationby Diary of Injustice into the backgrounds of Sheriffs, High Court Judges & Senators of the Court of Session which has already revealed at least SEVENScottish judges have CRIMINAL CONVICTIONS for road traffic offences while others face charges involving BENEFITS FRAUD, featured in the Scottish newspapers earlier this week where msps including the Scottish National Party’s John Finnie joined calls for the Crown Office & Procurator Fiscal Service (COPFS) to identify the accused benefits cheating judge, along with the remaining members of Scotland’s judiciary who are now known to have criminal convictions even though the Lord Advocate has claimed it is not in the public interest to release the identities of Scotland’s criminally convicted judges.

The investigation into judges backgrounds which has already turned up shifty relationships with criminal gangs, law firms who have serially defrauded clients on a massive scale, dodgy financial institutions, insurance companies convicted of criminal offences in foreign jurisdictions & other ‘vested interests’, both within the UK & in offshore tax havens, has now uncovered evidence of further cases where members of Scotland’s judiciary were interviewed by Police under caution yet were not charged despite the seriousness of some of the alleged offences ranging from assaulting wives or partners, to making threats against members of the public, and in at least one case, straying too close to an organised crime gang based in Glasgow.

Since the revelations were exclusively reported in the Sunday Mail newspaper last week and followed up by the Daily Record on Monday, further information has been provided to Diary of Injustice alleging at least one High Court judge was interviewed under Police caution in connection with liaisons with prostitutes & fears he may have strayed too close to organised crime gangs. No charges appear to have been made in the case and the judge was apparently allowed to retire and keep his substantial pension.

A legal insider told Diary of Injustice “…there is now concern within the Crown Office of accused persons or those already convicted of criminal offences may use the information to find out whether the judge at their trial has an undisclosed criminal record”. It has also been indicated to Diary of Injustice journalists that there is a strong possibility sheriffs found guilty of drink driving & road traffic offences have pronounced guilt on members of the public charged with similar offences.

The original disclosure from the Crown Office, released late in 2011 relating to the criminal convictions of members of Scotland’s judiciary stated :

• 1 contravention of the Social Security Administration Act 1992, section 111A(1)(a) – plea of not guilty has been entered and the case is presently ongoing

However, the Crown Office REFUSED to release any further information on the cases, citing fears the public may be able to speculate on the nature & seriousness of the allegations & criminal charges made against the judges who Scotland’s prosecutors are increasingly relying on to hand down verdicts in cases where the Crown Office fails to present accurate or substantive evidence against accused.

Speaking for the Crown Office, Mr McGeechan continued : “The courts have indicated that the most important safeguard in that regard is an absolute guarantee against publication. In particular, I consider that the details of charges contained within a report to the Procurator Fiscal from the police or other reporting agency are not necessarily a reflection of any charges which the Procurator Fiscal may bring or deem appropriate and to release these to the public could cause speculation over an allegation without it having been tested in open court. Having considered the circumstances of this particular case, I have come to the conclusion that the public interest falls overwhelmingly in maintaining the exemptions in this instance.”

Mr McGeechan also admitted in one of the cases where ANOTHER judge had been charged with committing a criminal offence, there was “insufficient evidence to justify criminal proceedings”, a term now familiar in Scotland where members of the justice system appear to have escaped criminal proceedings on multiple occasions after ‘Crown Counsel” gave their usual ‘independent instructions’ not to proceed like in the case of the FOURTEEN LAWYERS who were not prosecuted for millions of pounds worth of LEGAL AID FRAUD after Crown Counsel gave similar instructions claiming a lack of evidence to prosecute.

The Crown Office were forced to admit : “The one case that was not prosecuted, having carefully considered the facts and circumstances of this case, Crown Counsel gave an independent instruction that there was insufficient admissible evidence to justify criminal proceedings.”

The Judiciary of Scotland were also asked, via Freedom of Information legislation for more details about the convictions, and what steps were taken after the judges joined the ranks of Scotland’s criminal fraternity, however the Judicial Office for Scotland claimed that as they held the information for the Lord President who is not accountable to FOI, they were not required to disclose it.

The Judicial Office for Scotland stated : “As far as your request for information relating to disciplinary measures taken against members of the Scottish judiciary is concerned, I can confirm that the Judiciary and Courts (Scotland) Act 2008 places a number of responsibilities on the Lord President as head of the Scottish judiciary including responsibility for matters regarding judicial conduct. In that regard the Lord President has issued a Statement of Principles of Judicial Ethics for the Scottish Judiciary and has made Complaints About the Judiciary (Scotland) Rules 2011 both of which can be accessed at www.scotland-judiciary.org.uk. However, the Lord President is not a public authority for the purposes of the 2002 Act. Accordingly he is not required by law to provide information in terms of that Act.”

The Judicial Office continued to evade disclosing the identities of the judges, stating further : “The Judicial Office for Scotland was established by the Scottish Court Service to provide administrative support to the Lord President in the discharge of his non-judicial functions as head of the judiciary in Scotland. Such information as is generated in that context including both matters regarding judicial conduct and matters relating to the type of criminal offences described above and which is in the possession of the Judicial Office for Scotland is generated for and held by the Judicial Office for the purposes of the Lord President and in our opinion falls within section 3(2)(a)(i) of the 2002 Act, i.e. held on behalf of another person. I therefore advise you that this information is not held by the Scottish Court Service. I refer you to section 17 of the 2002 Act. Your request for information regarding disciplinary measures about particular members of the Scottish judiciary is accordingly refused.”

The Judicial Office for Scotland also claimed the cost of locating, retrieving and producing the information sought would exceed the sum prescribed by Scottish Ministers in the Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 (currently £600) and would therefore not be providing any further information on the judges criminal records.

The Judicial Office for Scotland, who are the representative body for Scotland’s judges and the Lord President himself, Lord Hamilton, were asked for comment on the revelations. No response has been received at time of publication.

The Crown Office was also asked for a statement on whether it would now name & shame the judges who were convicted of criminal offences, including cheating the benefits system. No response has been received. However it has been disclosed by legal insiders that “angry discussions” have taken place over the disclosure of the information relating to the criminal records of Scottish judges.

The Scottish Government were asked for comment, however no statement has been issued.

The Scottish Court Service were asked for comment on the issue, however they refused to be drawn into the scandal, saying : “As matters of judicial conduct are for the Lord President, the Scottish Court Service cannot offer comment.”

The new problems of Scotland’s judges with criminal records come after a series of scandals in the judiciary, dating back many years where in the late 1980’s, Lothian & Borders Police accused senior members of Scotland’s judiciary of being involved in a “Magic Circle” justice for sexual favours scandal, more of which can be read on Scottish Law Reporter, here : Magic Circle returns to haunt Scots Judiciary

Scotland’s judges again found themselves the centre of attention a few years later when a top High Court judge, Sheriff Andrew Lothian resigned after a scandal involving trips to massage parlours. It also transpired the now former Sheriff’s ex wife had made serious allegations to Lothian & Borders Police & the Crown Office over several years, yet prosecutors had failed to act, some now claim on orders from the most senior levels of Scotland’s legal establishment who “were fully aware of Sheriff Lothian’s activities at the time”. More on the antics of Sheriff Lothian can be read via the Sunday Mail newspaper here : HERE & HERE & the story from the Sheriff’s former wife, at the Sun newspaper, HERE

Robert Anthony, a serving Scottish Sheriff reluctantly quit in 2010, after being found charged with drink driving offences, reported by the Daily Record HERE. Sheriff Anthony, 48, was alleged to have been almost three times the limit when he was breath-tested.He was suspended from duty in his Glasgow courtroom pending the outcome of the case but resigned ahead of an expected court appearance which resulted in a two year ban, reported by BBC News HERE.

The Sunday Mail & Daily Record reports on convicted members of Scotland’s judiciary :

A JUDGE has been convicted of benefit fraud – but his or her name is being kept secret. The Crown Office are even refusing to say if the fraudster is a High Court judge, sheriff or justice of the peace.

Legal campaigner and blogger Peter Cherbi discovered he or she was one of six judges convicted of crimes since 2005. Five were found guilty of road traffic offences but one admitted fiddling benefits while he or she passed judgment on other criminals. Officials also refuse to reveal how much was stolen or where the fraud took place. The mystery judge was convicted under section 111A(1)(a) of the Social Security Administration Act 1992.

While this identity is protected, the Crown Office have issued two press releases in the past four months naming others convicted under exactly the same section. One of them, who asked not to be identified, said: “My name, date of birth and where I’m from are online. “It was wrong but it is even more important for the public to know about a judge convicted of the same fraud.”

Labour justice spokesman Lewis Macdonald MSP said: “I would have thought the same rules should apply for members of the public and judges.”

The Crown Office keep a “hard copy file” of the six but say keeping the details secret is in the “public interest”.

Cherbi said: “People in front of a judge should know if they have a criminal record – that’s in the public interest.” He also asked the Judicial Office of Scotland to reveal the name under freedom of information law, without success.

THE Crown Office came under fresh pressure yesterday to name a judge who has been convicted of benefit fraud. SNP MSP John Finnie, a member of Holyrood’s justice committee, added his weight to the demands for the cheating judge to be publicly identified.

It emerged at the weekend that six judges have been convicted of offences since 2005. Five were found guilty of road traffic offences but one of them admitted fiddling benefits. It is not known whether the person was a high court judge, a sheriff or a justice of the peace. Nor is it known how much cash was defrauded.

The Crown Office, who will not even confirm if the judge was male or female, insisted secrecy was “in the public interest”. But Finnie said yesterday: “The law should treat everyone equally, regardless of who they are and what they do, and this is something that should be looked into.”

The Crown Office often name and shame benefit fraudsters by issuing press releases about them. Campaigner Peter Cherbi, who uncovered the secrecy, said: “People in front of a judge should know if they have a criminal record.”

As there is no Judicial Register of Interests in Scotland at this time, there are little if no requirements for judges to disclose their criminal records or dodgy financial interests. However, a public petition has been filed with the Scottish Parliament on this matter, more of which can be read here : judicial register of interests. It is clearly time for Scotland to follow other jurisdictions around the world such as New Zealand who are moving ahead with a Register of Pecuniary Interests of Judges Bill.

ALL THE LORD PRESIDENT’S MEN : Benefits cheats, drunk drivers & tax dodgers, yet identities of convicted Scottish judges to remain secret for now.==============================Another manifestation of that corrupt doctrine "self regulation" and the same Lord President who does not want the legal profession to be subjected to scrutiny wants to keep corrupt judges dealing with court cases.

Well Atrhur Hamilton, in the Hamilton Advertiser a Stonehouse man convicted at Airdrie Sheriff Court of claiming £3,500.00 Legal Aid he was not entitled to was publicly named. If you accept that all humans should be treated equally you have to name this Judge fraudster. If you do not you are simply not fit to hold your current position within Scotland's legal mafia.

It is no accident that the architects of judicial power set up a system where they were exempt from the scrutiny they inpose on other people. Get real Hamilton, this closed shop of judicial corruption must be exposed and the teflon criminals thrown out of the Scottish judiciary.

If I have this right 200 thousand pounds a year is not enough so some of them have fiddled the benefit system and yet genuine disabled people will be subjected to undignified government reassessments in 2014. Yes the innocent and the weak get picked on again. I bet the judges didn't get treated like a performing seal to show what they physically could and couldn't do. Words fail me.

Well Peter I think your idea for a register of judges interests is a fantastic one.Also isnt it great to see countries like New Zealand going ahead with things like this on their own yet we need legal campaigners such as yourself to make these moves here in Scotland.Write about it when it goes live at the Scottish Parliament and I will support it.Best of luck for it.

Difficult to understand why convicted judges are allowed to sit in court unless someone is using the knowledge of their criminal records for their own ends.

If I were you I'd be looking at Crown Office motives for keeping the records sealed.Perhaps some of the judges have been sitting on cases where verdicts of guilty have been settled in advance of trial..

As well as refusing to reveal where the benefits cheating offences took place, the Crown Office are also refusing to reveal where the trial was held ... -------------------------------They like their secrecy, what is Scotland coming to when these self rewarding vindictive morons sit on their benches patronising the public. They clearly believe they have the right to do as they please. I do not think any of them fit into a justice system, I am actually surprised they were convicted at all as they seem to be above reproach.

Prosecutors & Lord President refuse to identify colleagues convicted of criminal offences.==============================Lord President, a title for an asshole who thinks he can do what he wants. He may know his law but is he fit to do his job? Protect, protect, protect that is all these legal scoundrels do, look after each other. If I am in court I do not want a convicted crook holding me in contempt when he should be barred from practicing. It is an outrage Scotland's courts are manned by legal professionals who are gutter trash.

So the Lord President and the Crown Office knew about Lothian all along.What a tragic state of affairs and surely an indication the rot runs deep in the Scottish judiciary.

Anyway its good to see the newspapers following these exposures and high time the judges end be cleaned up.After all if we are going independent the last thing we need is a corrupt judiciary,isn't that right Mr Finnie of the SNP?

I bet this is just the tip of the iceberg..........the rest being kept well hidden by Salmond, McAskill and the SNP.

16 March 2012 15:52

Thinking the same here.

Also now that a week has passed with an SNP member of the justice committee calling for the release of the names why has nothing happened yet?

I thought the SNP were the Scottish Government.Surely they can provide us with the names of judges with criminal records and then sack them immediately to make sure the judiciary are above all this kind of stuff NOT!

"1 contravention of the Social Security Administration Act 1992, section 111A(1)(a) – plea of not guilty has been entered and the case is presently ongoing "

Where exactly is the case ongoing and how come the media have not reported this before now?

Someone else commented earlier asking where this trial is taking place.There must be trial if a plea has been entered.Have the Judicial Office & Crown Office sent this one to some remote court in the Highlands so no journalists can get to it? I think we need to be given the full facts not a bunch of half truths in a dodgy Freedom of Information reply.

Another thing - You dont get charged under Section 111A(1)(a) without at least some surveillance taking place.Also the DWP & Police must have been sure of their position to charge the judge.

I think the Crown Office have been telling you some fibs and this Judiciary of Scotland office sound just as bad trying to get out of it claiming they hold the information for someone else who just happens to be the Lord President.

Scottish Sun branded Nimmo Smith “Nimmo the Dimmo” over Magic Circle gay sex for justice investigation.The Magic Circle scandal saw allegations Scots judges were alleged to have used gay sex favours to pervert the course of justice lasted through the late 1980’s well into the 1990’s during which at least one High Court judge resigned his position under a cloud of suspicion, retirements of other legal figures who were quietly put out to grass, and ultimately, Lord Nimmo Smith’s report on the Magic Circle affair, branded a whitewash of a very serious gay sex for justice scandal which appears to have continued to this day.

They do not get prosecuted for the above, self policing results in automatic exonerations for those in the professions, it cannot continue Lord Hamilton, oh I am not saying you are gay, frankly I do not care if you are but if judges are preverting the course of justice for their own sexual gratification those responsible must be jailed.

What a laugh we have criminals sitting on the bench lording it over the rest of us yet they get to keep their own criminal records secret while anyone else has to disclose theirs.Totally unfair and an affront to justice!

These legal people are meant to serve the public, but all of their conduct is carried out in private. These two principles are antijustice because the judiciary do not have to answer to the people they are meant to serve.

At least in politics (which is far from perfect) we have periodic elections to remove those in power. Here we have the omnipotent who cannot be removed from power and are therefore more powerful than politicians. Let us face facts, the legal establishment are in control of policymaking therefore this criminality is condoned by our elected representatives. It is an outrage and a perfect example that even is a democratic country not all people are free. Judges with criminal records get protected and still oversee court cases and ruined clients of crooked lawyers get sent packing by the legal dictators who hide their corruption behind corrupt office structures.

This report confirms what we already know, most of the judiciary are not fit to be dealing with justice issues, it is an outrage.

What a laugh we have criminals sitting on the bench lording it over the rest of us yet they get to keep their own criminal records secret while anyone else has to disclose theirs. Totally unfair and an affront to justice!=============================Yes but the criminals sitting on the bench lording it over the public do not want us lording it over them. The second rule of civilisation, those in power believe they should not be subjected to any scrutiny, and this has been the case for centuries but now they are under the Cherbi microscope. Good man Peter you tell it the way it is.

They are not subject to the rehabilitation of offenders act because they believe they are so important, I can hear them "how dare you question us". The principles they use in court against the guilty are ignored when their reputations are at risk.

The Crooked Lord President and his crooked men police and reward themselves, making a mockery of Scottish Justice.

A political theorist pointed out that women were descriminated against in politics. He argued that a male fool would have access to opportunities an intellegent woman would not have had.

Now women on the whole were descriminated against but a princess of low intellegence could have access to opportunities intellegent women were barred from. So even with the same sex access to opportunity depended on which womb someone grew in.

This is the same in principle, the identity of convicted judges is protected when laypersons convicted of the same crime are publicly named. These people's ideology is from the past, the 18th or 19th centuries. They believe it is right that they can hide their conduct from the public, but because they believe it does not mean they will continue to control everything. They should be exposed for the crooks they are and driven out of our courts.

As long as justice and injustice have not terminated their ever renewing fight for ascendancy in the affairs of mankind, human beings must be willing, when need is, to do battle for the one against the other.

I agree with what you have written about this.The Crown Office will want to keep quiet on the judge's convictions because the chances are some or all of them have ruled on cases of the same nature they have also been found guilty of.

Regardless,it is in the public interest this information be published and I support your efforts to make sure it is.

As a matter of fact yes I have read the Sun link on Lothian and it is absolutely disgusting nothing was done about him especially now we know the Crown Office and courts knew all along what he was up to.

The following quotes from the Sun report do not surprise me one bit

"Lothian and Harriett split in 1996. He was at the centre of a police probe after Harriet claimed he attacked her on Christmas Eve that year.Her sons James and Robert backed-up her claims, but the Crown refused to prosecute."

Why did the Crown Office refuse to prosecute and where were the Police in all of this?

Clearly the Lord Advocate would have much to lose if they had to prosecute one of their favourite judges for assaulting his wife.

"He was also investigated by the taxman after his mother Catriona died in the late 1990s, leaving her estate — valued at about £330,000 — to the sheriff and his brother Murdoch.The Inland Revenue probed allegations the house was cleared of its most valuable items before a visit from an assessor. But no irregularities were found."

Well they wouldn't be able to find much if the house had already been cleared,right?

So here we have it again.The Scottish Court Service help to cover up any allegations of criminality in the hopes of saving verdicts on cases which perhaps may be miscarriages of justice.

The Lothian stories and Peter's investigation of the judiciary as it stands today tells us we need independent regulation of judges and open transparent courts unlike the closed circus run for the legal brigade's own pockets we currently have to make do with.

How are these judges going to take it if someone in front of them asks if they have a criminal record and they either lie or claim they are not required to disclose it because of some suspicions reason relating to FOI?

I think the judges will refuse so its up to the Scottish Parliament to legislate and throw out any of the usual arguments about judges being trusted to regulate themselves.Your FOI has demonstrated they cannot be trusted at all.

At least 170 serving Scottish police officers have convictions for offences such as assault, drink driving and perverting the course of justice. andhttp://www.scotsman.com/news/170-police-officers-have-criminal-record-1-1029285

170 police officers 'have criminal record'

Published on Wednesday 11 March 2009 20:49

AT LEAST 170 serving police officers in Scotland have criminal records and many of them picked up their convictions while on duty, figures reveal.

It also emerged that half the police forces that gave information had not sacked a single officer with a criminal conviction.

So I must ask,in the light of the news there are judges still serving on the bench even with criminal records just why are some of the other media staying away from this story?

Is it because they do not want to get on the bad side of some judge,sheriff or lawyer who feeds them stories for their tired under performing rags or news bulletins?

Surely the fact judges are handing out sentences while they themselves have their own secret criminal records is something fit for a front page and a big shake up in the justice system?

Good point.Also if you take into account the numbers of the judiciary compared to the Police (not just their position in the justice system) the consequences of judges running around with criminal records could be horrendous.

I am pleased to see someone like Peter digging up the dirt on the various entities in the Scottish justice system.Hell this is the only blog on legal matters from Scotland with original content and scandal busting reporting instead of fawning over god knows who just because they had a difficult day in court.

Keep up the good work Peter and dont worry about the Crown Office.Their news staff have their hands full just now editing the piss poor Press Releases of some of Scotland's Police Forces!

PETTY crooks and thugs given celebrity status on BBC show The Scheme have racked up nearly £35,000 in legal aid, we can reveal.

The taxpayers’ cash was handed to lawyers to defend seven of the main characters from the fly-on-the-wall show set on Kilmarnock’s Onthank estate.

Their legal aid bill – for a variety of crimes including drugs and violence – for the past five years has been £33,556.00===============================I did not renew my TV licence because if the BBC think this is entertainment some producers need psychiatrists. Mediocre tripe television is the norm these days and I do not miss it one bit. Getting rid of the BBC licence is best thing I have ever did.

I rather suspect Cherbi's blog has more original content and is harder hitting than others because his life is not derived from ripping off clients or fitting someone up for an offence they didn't commit.

Again we have an issue here which merits a fully independent investigation and exposure of all previous cases these judges have been involved in however there is just no one independent enough or trustworthy enough to investigate..

The third one in the letter sounds like Sheriff Robert Anthony (he also received a two year ban) although I suppose you can never be sure with anything the Crown Office/Judiciary release whether its down to foi or in a press statement.

The police said the focus of the operation was the Fabroccino clan, which is believed to have bribed officials to obtain favourable court judgements.

The clan has become notorious for extortion and drug trafficking, but the police say they are also investigating its involvement in buying and selling property, hotel management and the food industry.

The authorities clearly believe that the corruption has spread far beyond the members of the clan itself, and that in this case even judges may have been working with the Camorra, the BBC's Alan Johnston in Rome reports.

'the Lord Advocate has claimed it is not in the public interest to release the identities of Scotland’s criminally convicted judges'

Here we have an IMPOSTER in our midst?

The Lord Advocate has a unique position in Scottish Society, where he must deal only with the facts of a case and he must at all times be impartial and fair and act in the interests of the Scottish Public.

Only an insane person COULD think that the Lord Advocate is doing what he should be doing?

Remember, it is a common law offence in Scotland for a Public Official to knowingly deceive the Public.

just like in the Italian news story there will be many other judges/sheriffs in Scotland who are into corruption one way or another some known about to Police others not and then there's the ones the Crown Office will use to get tough sentences passed on the back of information in the Lord Advocate's little black book..

If Alex Salmond and the SNP were really interesting in making Scotland a better place to live, then why is he and his Justice Secretary burying their heads in the sand instead of confronting this head on?

He is dreaming if he thinks that this issue will resolve itself.

There is a fundamental distrust of the Law Society of Scotland, the Crown Office and the Judicial System and there is no going back.

The Scottish People don't like being lied to Alex!

Act positively now to fix this cancer or you will also lose the trust of the Scottish People you profess to represent but who are finding out quickly that you are very good at talking but not very good at listening!

The compensation payout for payment protection insurance is a headache for consumers and banks alike, yet there is one group rubbing their hands in glee as the true scale of the mis-selling scandal unfolds.

Claims management firms will rake in more than £50million in fees this year from PPI victims, despite providing a service that you can do yourself. So how should you deal with firms that target via text, phone or email?

Someone must be talking if you are getting these kind of scoops.Well done Peter.Any movement on the names of these judges yet?Clearly we all have a right to know how many criminals are sitting in judgement over the rest of us!

A deafening silence from Lord Hamilton about this.I would have thought if he really cared anything about justice there would by now have been a list of all his colleagues with criminal records on the Judiciary website.Nothing.So the cover up continues.Clearly there are many more than you have been told about.

At the end of Plato's Republic, the voice of Destiny can be heard to say:"The blame is the chooser's. In a free people, we are all choosers, those who speak out, and those who remain silent, those who stand and fight and those who run away." ==================================Those who stand and fight change the status quo.

A deafening silence from Lord Hamilton about this.I would have thought if he really cared anything about justice there would by now have been a list of all his colleagues with criminal records on the Judiciary website.Nothing.So the cover up continues.Clearly there are many more than you have been told about.=================================Arthur Hamilton is a man who has been trained behind a veil of secrecy so, being tight lipped is an automatic response from a self regulator. The most important law for lawyers is that you do not condemn your own. The man is just a man, nothing else, he is a small fish in a big pond. Most of these people are surprisingly stupid, oh he knows his Scots Law and no doubt sone Supra National Law but aint smart emough to apply it universally.

I am surprised no announcement has been made this week about these judges and whether they are still working or not.Its really difficult to have any confidence now in the courts now we know the judges themselves are criminals

Peter - This is one of your best exposes to date of our crooked justice system.I forgot to ask - can I use your main picture as my desktop wallpaper?Can you upload a large version 1024x768 or higher?Thanks in advance!

Anonymous said... As a member of the public if I had a criminal record I could not be called for jury duty but judges and lawyers with criminal records can work in the courts, correct me if I am wrong.

23 March 2012 20:01~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

This is because if you had a criminal record it suggests that your judgment has at least once been found to be wanting, ergo any part you may play in deciding someones fate as a member of a jury as part of the judicial process cannot be allowed to happen as the decision of the jury could not be relied upon and could be contested bringing the Justice System down through lack of trust by the Scottish Public.

This is exactly the situation we are now in, whereby Crown Office Officials and Senior members of the Judiciary have 'broken the law and the spirit of the law' by protecting their own and in doing so have acted against the Scottish Public.

Their recklessness and belief that as long as the Scottish Public are kept in the dark they can act with impunity 'above the law' has resulted in a crisis for the Scottish Judicial System as it is shown to be completely corrupt and defunct institution, by their very own unlawful actions.

Are the SNP and the Scottish Parliament free enough to correct this situation by a complete overhaul and modernisation of the Scottish Justice System or are they going to continue to be neutered by the Law Society of Scotland?

Oh right now I see what the problem in Scotland is - Criminal judges are sitting in your courts.The benefits cheat one is just staggering!Surely this is a bit much to allow to happen and pass off as just a Freedom of Information request without some kind of investigation etc? but thinking about it who would be able to investigate judges and be trusted to be independent? I just cant see this happening but now I see why you started your petition.Good luck!

Christ how did you get away with finding all this out and printing it???

Anyway just gotta say hats off to you for all your blogging and all these investigations you do it really is fantastic stuff makes the bankers look like saints next to these judges and dodgy lawyers!!!

Well I am just amazed you are still alive after investigating judges and exposing their criminal records.This must have been very dangerous to do.

Although I am no expert in EU law something that might help you is a recently approved draft resolution by the Committee Legal Affairs and Human Rights of the Council of Europe Parliamentary Assembly which states that those who disclose criminal acts in the public interest should be protected from retaliation and persecution from those who commit them.

Corruption among the judges well I am not surprised at anything now and these are only people like the rest of us not the all powerful can do no wrong gods they want us to believe they are its high time all this was out in the open and everyone talking about it

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A new Lord President: Selecting a top judge for Scotland

The position of Lord President – with a salary of £220,655 a year, including perks, international travel and unrivalled power to challenge even the Scottish Parliament - is responsible for leadership of the entire Scottish judiciary in addition to chairing the Board of the Scottish Courts and Tribunals Service. The Lord President is the most senior judge in Scotland, with authority over any court established under Scots law, apart from the Supreme Court of the United Kingdom.

In response to questions from MSPs, JCR Gillian Thompson said: “I do not see that there is a reasonable argument to be made against people who are in public service—I might go further and say, in particular, people who are paid by the public pound—providing information, within reason, about their other activities.” Facing further detailed questions from the committee, JCR Gillian Thompson remained of the view judges should declare their interests including business activities, shareholdings and more – in a publicly available register of judicial interests.

Scotland's first Judicial Complaints Reviewer supports creating a register of interests for judges

The top judge came unstuck after he opposed the declaration of judicial interests, wealth & connections to big business. Prior to retirement, Gill waged a bitter two year battle with Scottish Parliament MSPs who are investigating proposals to create a register of judicial interests.

Wolffe Hall: Parliament House land titles lost to Faculty of Advocates

Media Report: Aninvestigation has revealedParliament House – the seat of power for Scotland’s judiciary and the nation’s highest, most expensive, elusive and pro-big business courts – has been lost to Edinburgh City Council after it was revealed Scottish Ministers gifted the land titles to the Faculty of Advocates after a £58m public funded refit of the sprawling court complex. Media attention to the land grab and questions in the Scottish Parliament have prompted Edinburgh City Council to demand the courts be returned to public ownership.

In a speech to the Commonwealth Law Conference 2015 in Glasgow, Lord Gill went on to joke about protesters being lucky they are not dragged away by Police. Gill took further shots at politics, judicial independence and democracy before fleeing the legal gathering with Lord Neuberger and other judges after they learned Wikileaks founder Julian Assange was booked to speak at the event.

Revealed: The bank of Scottish Legal Aid

Revealed: TIMES ARE TOUGH but not for Scotland’s legal profession as it was revealed the Scottish Legal Aid Board handed over more than One Billion Pounds of public money to lawyers since the 2008 financial market crash. The Billion pound Bank of Scottish Legal Aid is there to help out Scotland’s ‘struggling’ lawyers looking for a second car, fishing rights, sending kids to posh private schools, or a third buy-to-let property. Scottish Legal Aid figures paid to lawyers since 2008 reveal: 2013-14 £150.5m, 2012-13 £150.2m, 2011-12 £150.7m, 2010-11 £161.4m, 2009-10 £150.5m, 2008-09 £150.2m, 2007-08 £155.1m, total: £1.06Billion (£1,068.6m)

Scottish Parliament debate urges support for register of judicial interests

Media ReportMSPs overwhelmingly support a petition urging the Scottish Government to give further consideration to a register of interests for judges. The 90 minute debate, held on Thursday 09 October 2014 in the Scottish Parliament’s main chamber saw msps criticise Scotland’s secretive judges who refuse to disclose their hidden wealth, secret links to big business and even criminal records. Read more about the proposals for judicial transparency put forward in Petition PE1458: Register of Interests for members of Scotland's judiciary and watch video clips of MSPs debating a register of interests for judges at InjusticeTV. The official report of the debate including video footage of each MSP who spoke can be found here: Debating the Judges

Revealed: Judges International travel junkets & state visits

Exclusive Report: JET-SETTING judges spent £26,000 of taxpayers' cash on overseas trips last year, a Scottish Sun on Sunday investigation can reveal. Top beaks flew out to destinations including Russia, Israel, Switzerland, Germany, France, Bulgaria, Lithuania and Qatar. The most expensive was a £5,800 trip to Canada by Scotland's second most senior judge, Lord Carloway. Lord Gill - who is the Lord President - also spent five days on a £2,800 trip to Doha, Qatar, where he gave speech on judicial ethics.

Judicial Rich-List reveals Judges financial links to crime companies

Exclusive Report: DISCLOSURES of judges personal shareholdings obtained under Freedom of Information legislation from the Scottish Court Service reveal a startling snapshot of the wealth of several key members of Scotland’s judiciary who sit on a powerful quango which controls Scotland’s courts. The declarations of the seven judicial members of the Scottish Court Service Board – including Scotland's top judge, the Lord President & Lord Justice General Brian Gill who earns £220K a year - reveal judges benefit financially from shareholdings in companies who provide services to the courts & justice system, companies convicted of criminal offences & involvement in ‘industrial’ espionage against China, banks fined for international financial market manipulation, and companies involved in bribes, bid rigging, and tax dodging.

Revealed: Top judge forced to recuse over relative in court

Exclusive Report: SCOTLAND’S top judge, the Lord President Lord Brian Gill has been forced to stand aside from hearing an unidentified case in the Court of Session because a relative who turned out to be Brian Gill jr, one of Lord Gill’s sons, represented a party involved in the court action which court officials are keeping secret.

Judge invests in bribes scandal companies

Exclusive Report: An investigation by the Scottish Sun on Sunday newspaper has revealed a top judge holds shares in a firm hit with a £13.9million proceeds-of-crime bill for bribing Saddam Hussein's regime,The Scottish Sun on Sunday can reveal. Sheriff Principal Alastair Dunlop 62, has a stake in Glasgow based Weir Group, hammered in 2011 for paying kickbacks to land contracts in Iraq. He also has shares in mining giant Rio Tinto, whose executives admitted bribery in China four years ago. A Holyrood committee is considering proposals that would require judges and sheriffs to publish their outside interests, including details of their finances, reported here: A Register of Interests for Scotland's Judiciary

Judges reveal conflicts of interest

Exclusive Report: The Sunday Mail newspaper reports Scotland's judges are coming clean when they have to step away from court cases because of a conflict of interests. Scotland’s top judge has decided that for the first time the public can see online why judges and sheriffs have stood down from hearing criminal trials and civil actions. It comes after the Sunday Mail told of MSPs' anger that the Lord President Lord Gill had dismissed calls for a judicial register of interests and snubbed invitations to discuss his position at a Holyrood committee, reported in previous coverage here: A Register of Interests for Scotland's Judiciary

Judges interests & shareholdings revealed

Exclusive Report: An investigation by the Sunday Herald newspaper reveals a senior sheriff presided over a court hearing involving Tesco at the same time as he held shares in the multi-national supermarket giant. Sheriff Principal Dunlop QC did not absent himself because having shares in a company that is party to a court action does not require a member of the judiciary to step down from a case. A Holyrood committee is considering proposals that would require judges and sheriffs to publish their outside interests, including details of their finances, reported in previous coverage here: A Register of Interests for Scotland's Judiciary

Top judge in private meeting on judicial transparency petition

Media Report: Top judge Lord Gill met petitions committee members behind closed doors to discuss Petition PE1458: Register of Interests for members of Scotland's judiciary and conflict of interests, but no minutes were taken. The Sunday Mail reports Scotland’s top judge met two MSPs in private after twice snubbing requests to give evidence in front of their committee. The judge is opposed to the transparency call and has previously refused invitations to attend the Scottish Parliament and face questions in public on his opposition to judicial transparency and the creation of a register of judicial interests. More on the debate on judge’s interests can be viewed here : A Register of Interests for Scotland's Judiciary

Small concession offered by top judge as calls grow for judicial transparency

Judges should not be above scrutiny

Media Editorial: The Sunday Herald newspaper says in an editorial Judges should not be above scrutiny. The Lord President, who is the country's top judge, is against requiring his colleagues to list their financial interests (as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary) but he seems to have recognised political concerns about a lack of transparency.To this end, he is investigating the possibility of compiling a register of "recusals", which means examples of judges ceasing an interest in a court case due to a perceived conflict. More on the debate on judge’s interests can be viewed here : A Register of Interests for Scotland's Judiciary

Scotland’s top judge takes anti-transparency position on proposal for judicial interests register

Lack of judicial transparency - No justice if it cannot be seen

Media Editorial: The Sunday Mail newspaper says Senior judge's refusal to give evidence to MSPs shows a lack of transparency, says Mail Opinion on calls for judicial transparency in Petition PE1458: Register of Interests for members of Scotland's judiciary. It was an opportunity for Scotland’s top judge to go to Parliament and talk about how our legal system works and might work better. It would have added, as the public relations executives and politicians like to say, a little transparency. Instead, his refusal has only hardened the suspicion that our judges live and work in a bubble smelling of horse hair wigs, vintage port and even more vintage attitudes. More on the debate on judge’s interests can be viewed here : A Register of Interests for Scotland's Judiciary

NEWS SPECIAL: Coverage of the Annual Report 2012-2013 of Scotland’s Judicial Complaints Reviewer reveals Scottish judges are slammed for secrecy, anti-transparency views & how they investigate complaints against other judges.Moi Ali, appointed by the SNP’s Justice Secretary as Scotland’s first Judicial Complaints Reviewersaid: “I think fundamentally the problem is the legislation. “The way it’s created, it’s about self- regulation so you have judges judging judges’ conduct. There isn’t really an independent element.”. Read more HERE

REVEALED : Scotland’s Judicial Complaints Reviewer gave evidence to MSPs at the Scottish Parliament stating her office has no powers to properly investigate complaints against Scottish judges and that the judicial office regularly block access to files and information relating to complaints. In England & Wales, it is done very differently. Read more HERE

EXCLUSIVE REPORT: Scotland’s judiciary are refusing to cooperate with the independently appointed Judicial Complaints Reviewer over complaints made against Scottish judges. Scotland’s top judge also stands accused of regularly blocking independent access to key documents relating to allegations made against judges. Read more HERE

Scotland's top judge objects to Holyrood transparency call for a register of judicial interests

Exclusive Report : Scotland’s top judge Lord Gill claims judges are exempt from declaring their full financial & other interests as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary A register could be created by the Scottish Parliament or by the Judicial Office for Scotland, which incorporates the Lord President’s office. Typically, such registers reveal details of hospitality, gifts, property ownership, shareholdings and personal or financial connections to outside organisations.

If you think Scotland's judges are honest, think again. An investigation reveals the true extent of their undeclared finances & interests. Read more HERE. Investigations have revealed Scotland's Judges have secret criminal records, massive wealth, unchecked influence, & murky investments along with connections to offshore tax havens, all of which go undeclared as there is no register of interests for the judiciary.

Business Interests: Are Scottish Judges overseas trips really just about law conferences?

Exclusive Report: Scotland's judges have racked up thousands of air miles on overseas trips, including jaunts to the US, India, Morocco and Malaysia. Taxpayers paid £83,644 to send judges and sheriffs and their partners around the world in the past three years revealed in this document. The Lord President also travels to Taiwan, South Africa & other countries yet refuses to travel 700m to the Scottish Parliament to face MSPs questions about judges’ secret undeclared interests.

Exclusive Report : A report published by the European Commission for the Efficiency of Justice reveals Scottish lawyers take home a lavish £161million in legal aid payments on a tiny client base compared to other EU countries’ lawyers. The EU REPORT also shows that Scotland disciplines a tiny number of lawyers compared to countries of similar size, and that Scotland’s sheriffs & judges top the EU pay league. A large proportion of alleged criminals reported to prosecutors in Scotland are also escaping justice while lawyers scoop up legal aid fees for dealing with cases which never make it to court.

EU Justice Report : Scots Justice System is most expensive, has poorest regulation in Europe

A MUST READ REPORT by the European Commission for the Efficiency of Justice reveals the Scottish justice system as the most unproductive, yet most expensive in the entire European Union. Scottish lawyers take tens of millions more in legal aid representing a population of 5 million than Italian lawyers who serve a population of 60 million. The report also reveals Scots judges are paid the highest in Europe, Scottish Sheriffs taking home an average taxpayer funded salary of £120K plus, while others in Scotland’s judiciary are paid £200K plus expenses.

The Scottish Civil Courts Review of 2009 authored by the then Lord Justice Clerk, now Lord President Lord Brian Gill, castigated Scotland’s Civil Justice System as being Victorian, costly, and unfit for purpose, yet years on from the review, little of the proposed reforms have been implemented due to pressure from vested interests in the legal world, and a lack of political will to deliver access to justice to all Scots.

The ‘independent’ lawyer run Scottish Legal Complaints Commission has lurched from scandal to scandal, and proved to be even worse at regulating complaints against Scottish solicitors than the Law Society of Scotland. Clients of Scottish solicitors who are forced to make complaints to the SLCC should read our previous reports on how the anti-client regulator may treat their case.

Exclusive Report: A Research Report from the University of Manchester School of Law, commissioned by the SLCC on the Law Society of Scotland’s two discredited client compensation schemes, the Master Insurance Policy & Scottish Solicitors Guarantee Fund reveals the extent of suicides, illness, broken families and financial ruin among clients who fall victim to rogue solicitors and attempt financial claims in order to recover funds & assets embezzled or stolen by their lawyers. The research report concludes the Law Society's Master Policy is set up “to allow solicitors to sleep at night”, so they can go on to ruin other unsuspecting clients. Read the full shocking story HERE

Name & Shame your crooked lawyer in the media

If you are making a complaint to the Scottish Legal Complaints Commission (SLCC), Law Society of Scotland or Faculty of Advocates about your solicitor or legal representatives, one of the best things you can do is tell the media about it & name your crooked lawyer.

Revealed: Suspended & Bankrupt lawyers are secretly still working in Scotland

Exclusive Report: An investigation has revealed twice suspended but still working as a solicitor John G O'Donnell has impersonated a deceased lawyer as part of an elaborate fraud, while staff at the law firm he worked at said nothing to clients. The Law Society of Scotland did nothing to prevent O’Donnell continuing his reign of scams against clients even after he was twice suspended & made bankrupt. O’Donnell was only found out after one of his clients, saw his photograph in an earlier Sunday Mail newspaper investigation..

Exclusive Report: An investigation has revealed a lawyer who works for the Citizens Advice Bureau is being probed after it’s claimed he targeted vulnerable clients for a crooked legal firm. A client involved in a rent dispute turned to CAB lawyer Gilbert Anderson, who is based at Hamilton Sheriff Court on a taxpayer funded salary. But the ex-Royal Marine sent the client and a friend into the clutches of twice suspended solicitor John G O'Donnell , who does not have a practicing certificate.

BONUS CULTURE of Crown Office fails to deliver justice

An investigation reveals Scotland’s Prosecutors have been caught up in their own BONUS CULTURE where fat cash hand-outs at the end of the year worth tens of thousands of pounds and sly Press Releases short on facts seem to be more important than catching real crooks and delivering on protecting the Scots public.

One of Scotland’s most famous Crooked Lawyers, Andrew Penman of Stormonth Darling Solicitors, Kelso in the Scottish Borders. Read the MEDIA COVERAGE of the case, details which the Law Society of Scotland and several Edinburgh law firms tried to bury.

If you have a similar experience with Stormonth Darling Solicitors, or any other corrupt law firm, we want to hear about it at scottishlawreporters@gmail.com